BILL NUMBER: AB 1778	CHAPTERED  09/08/00

	CHAPTER   336
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 6, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN ASSEMBLY   MAY 10, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000
	AMENDED IN ASSEMBLY   APRIL 11, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Lowenthal

                        JANUARY 24, 2000

   An act to amend Sections 9884.8 and 9884.9 of the Business and
Professions Code, relating to motor vehicle replacement parts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1778, Lowenthal.  Motor vehicle replacement parts.
   Existing law requires automotive repair dealers to record all
service, labor, and prices on a written invoice, and requires that
the customer authorize the repair dealer to perform the work before
work may be done or charges may accrue.  A violation of these
requirements is punishable as a misdemeanor.
   This bill would require the repair dealer to include in the
written invoice a notice of whether any crash parts are original
equipment manufacturer or nonoriginal equipment manufacturer
aftermarket crash parts.
   Because a violation of the bill's requirements with respect to the
invoices and written estimates provided by automotive repair dealers
would be a crime, this bill would impose a state-mandated local
program by expanding the definition of an existing crime.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9884.8 of the Business and Professions Code is
amended to read:
   9884.8.  All work done by an automotive repair dealer, including
all warranty work, shall be recorded on an invoice and shall describe
all service work done and parts supplied.  Service work and parts
shall be listed separately on the invoice, which shall also state
separately the subtotal prices for service work and for parts, not
including sales tax, and shall state separately the sales tax, if
any, applicable to each.  If any used, rebuilt, or reconditioned
parts are supplied, the invoice shall clearly state that fact.  If a
part of a component system is composed of new and used, rebuilt or
reconditioned parts, that invoice shall clearly state that fact.  The
invoice shall include a statement indicating whether any crash parts
are original equipment manufacturer crash parts or nonoriginal
equipment manufacturer aftermarket crash parts.  One copy of the
invoice shall be given to the customer and one copy shall be retained
by the automotive repair dealer.
  SEC. 2.  Section 9884.9 of the Business and Professions Code is
amended to read:
   9884.9.  (a) The automotive repair dealer shall give to the
customer a written estimated price for labor and parts necessary for
a specific job.  No work shall be done and no charges shall accrue
before authorization to proceed is obtained from the customer.  No
charge shall be made for work done or parts supplied in excess of the
estimated price without the oral or written consent of the customer
that shall be obtained at some time after it is determined that the
estimated price is insufficient and before the work not estimated is
done or the parts not estimated are supplied.  Written consent or
authorization for an increase in the original estimated price may be
provided by electronic mail or facsimile transmission from the
customer.  The  bureau may specify in regulation the procedures to be
followed by an automotive repair dealer when an authorization or
consent for an increase in the original estimated price is provided
by electronic mail or facsimile transmission.  If that consent is
oral, the dealer shall make a notation on the work order of the date,
time, name of person authorizing the additional repairs and
telephone number called, if any, together with a specification of the
additional parts and labor and the total additional cost, and shall
do either of the following:
   (1) Make a notation on the invoice of the same facts set forth in
the notation on the work order.
   (2) Upon completion of repairs, obtain the customer's signature or
initials to an acknowledgment of notice and consent, if there is an
oral consent of the customer to additional repairs, in the following
language:


    "I acknowledge notice and oral approval of an increase in the
  original estimated price.
                               __________________________________
                                    (signature or initials)"

   Nothing in this section shall be construed as requiring an
automotive repair dealer to give a written estimated price if the
dealer does not agree to perform the requested repair.
   (b) The automotive repair dealer shall include with the written
estimated price a statement of any automotive repair service which,
if required to be done, will be done by someone other than the dealer
or his or her employees.  No service shall be done by other than the
dealer or his or her employees without the consent of the customer,
unless the customer cannot reasonably be notified.  The dealer shall
be responsible, in any case, for any service in the same manner as if
the dealer or his or her employees had done the service.
   (c) In addition to subdivisions (a) and (b), an automotive repair
dealer, when doing auto body or collision repairs, shall provide an
itemized written estimate for all parts and labor to the customer.
The estimate shall describe labor and parts separately and shall
identify each part, indicating whether the replacement part is new,
used, rebuilt, or reconditioned.  Each crash part shall be identified
on the written estimate and the written estimate shall indicate
whether the crash part is an original equipment manufacturer crash
part or a nonoriginal equipment manufacturer aftermarket crash part.

  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
